KABAL SINGH Vs. USHA RANI AND ORS.

JUDGEMENT

(1.) THE plaintiff/appellant is in regular second appeal assailing the findings of the first Appellate Court dated 20.2.2004. He had filed a suit for specific performance seeking to enforce two agreements to sell dated 18.1.1994 and 29.4.1994 purportedly executed by vendor Harbhajan Singh who died before the sale deeds could be executed. As per the agreement to sell dated 18.1.1994, the sale was to be concluded by 25.4.1994 and allegedly a sum of Rs. 20,000/ - was paid by the appellant to the owner of the property, namely, Harbhajan Singh. Subsequently, another agreement to sell was executed on 29.4.1994 by which it is alleged by the appellant that he paid a sum of Rs. 80,000/ - to the vendor Harbhajan Singh and by virtue of this agreement to sell it was agreed that the sale was to be concluded on 25.4.1996. On 25.6.1995, Harbhajan Singh, who was not keeping well, died. The appellant thereafter approached the legal representatives of deceased Harbhajan Singh to execute the sale deeds and honour the agreements and a notice dated 7.5.1996 was issued by the appellant asking the legal representatives of deceased Harbhajan Singh to execute the sale deed on 23.5.1996. They replied to this notice but denied the agreements on 11.6.1996. To this also the appellant submitted a counter reply reiterating his version regarding the agreements to sell and execution of the sale deed. The respondents denied the agreements as also the receipt of the amount by their predecessor -in -interest Harbhajan Singh.

(2.) THE parties went to trial on the following issues:

(3.) The learned trial Court concluded that the agreement dated 18.1.1994 was a valid agreement as the signatures of deceased Harbhajan Singh were proved. However, it concluded that the agreement dated 29.4.1994 was not proved at all and consequently decreed the suit of the plaintiff/appellant partly by directing a refund of Rs. 20,000/ -.